Do Members of Congress Have a Duty to Interpret the Constitution for Themselves?

Is Constitutional interpretation only a job for judges? The Hon. James Buckley explains that both judges and members of Congress swear an oath to protect and uphold the Constitution. However, the jobs differ in that judges must impartially examine the existing law while Congressmen can propose new legislation that is pursuant to the Constitution.

The Honorable James Buckley is a retired judge from the U.S. Court of Appeals for the D.C. Circuit, and a former U.S. Senator.

This project is part of the Federalist Society’s Article I Initiative, which explores the proper role of Congress according to its constitutional design. To learn more, please visit the Article I Initiative website: https://fedsoc.org/articlei